American Canyon Municipal Code Ch. 18.44 Land Dedicated for Park and Recreation Purposes

(A) In 1965, the Legislature of the state of California amended the Subdivision Map Act (Section 11500 et seq., of the Business and Professions Code) so as to enable cities and counties to require either the dedication of land, the payment of fees, or a combination of both, for park or recreational purposes as a condition of approval of a subdivision map; and

(B) Before a city or county may avail itself of said Act, it must have a general plan containing a recreational element with definite principles and standards for the park and recreational facilities to serve the residents of the city or county; and

(C) The city council has adopted a general plan, including amendments thereto, containing such recreational element.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

Every subdivider who subdivides land shall, at the option of the city,

dedicate a portion of such land, pay a fee, or do both, as set forth in this chapter, for the purpose of providing park and recreational facilities to serve residents of the city. Only the payment of fees may be required in subdivisions containing fifty parcels or fewer.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

The provisions of this chapter shall apply to all subdivisions, as that phrase is

defined in Section 66410 et seq., of the Government Code of this state except subdivisions for which vesting tentative subdivision or vesting tentative parcel maps have been filed within thirty days after July 20, 1972; industrial subdivisions; condominium projects, which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added; and parcel maps for a subdivision containing fewer than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

The parks and recreation element of the

general plan identifies a ratio of 6.14 acres of parkland per one thousand residents. It is found and determined that the public interest, convenience, health, welfare and safety require that a minimum of five acres of property for each one thousand persons residing within the city be devoted to park and recreational purposes.

Ord. 2016-04 § 1, 2016

Ord. 99-08 § 2, 1999

Ord. 98-10 § 1, 1998

"Dwelling unit" shall mean a building for human habitation, which is designed,

intended or used for sleeping, cooking, eating, and sanitation. "Single-family unit" shall mean a free-standing residential building that includes only one dwelling unit. "Two to four family units" shall mean a building that includes two to four residential dwelling units. "Five or more family units" shall mean a building that includes five or more residential dwelling units. "Manufactured home" shall mean any home factory-built in the U.S. to the HUD Title 6 construction standards (commonly known as "the HUD-code"). "Residential hotels" shall mean a rental apartment building offering maid service, a dining room, and room meal service for stays longer than thirty days.

Ord. 2016-04 § 1, 2016

(A) Population density for the purpose of this chapter is determined as follows:

(1) Single-family unit 3.49 persons per D.U.;

(2) Two to four family units, 3.49 persons per D.U.;

(3) Five or more family units, 3.49 persons per D.U.;

(4) Manufactured home, 3.49 persons per D.U.;

(5) Residential hotels, 1.1 persons per D.U.

(B) The basis for determining the total number of dwelling units shall be the number of such units permitted by the city on the property included in the approved tentative subdivision map. If a subsequent application is made for rezoning or other action to increase the total number of dwelling units, the amount of parkland to be dedicated or in-lieu park dedication fee to be paid will be increased in accordance with the current park dedication regulations.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

(A) The amount of parkland required to be dedicated by a subdivider pursuant to this chapter shall be five acres per one thousand population.

(B) When a fee is to be paid in-lieu of land dedication, the amount of such fee shall be based upon the per-acre valuation set forth in Chapter 15.08, Parks and Civic Facilities Development Impact Fees, as adopted and as may be periodically amended as provided for in the ordinance for the amount of land that would be required for dedication pursuant to subsection A of this section. The amount of land shall be calculated by the following formula:

DUs x POP x 5 acres 1,000 People Definitions: DU = Number of dwelling units in a subdivision. POP = Population per dwelling unit.

(C) Monies expended by the subdivider for actual improvement of park and recreation facilities or lands shall be credited against these fees or park land dedication requirements provided that such improvements have been approved by the city in advance and meet applicable city standards.

Ord. 2016-04 § 1, 2016

Ord. 99-08 § 3, 1999

Ord. 98-10 § 1, 1998

Where private open space for park and recreational purposes is

provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the requirement of dedication for park and recreation purposes or fees paid in lieu thereof, to such an extent that the city council finds appropriate, in no event to exceed fifty percent, taking into account the mode of valuation set forth in this title, provided the city council finds it is in the public interest to do so, and that the following criteria are met:

(A) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations are not included in the computation of such private open space;

(B) That the private ownership and maintenance of the open space is adequately provided for by written agreement;

(C) That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract, and which cannot be defeated or eliminated without the consent of the city council;

(D) That the percentage of credit recognized for private open space shall take into account such factors as size, shape, topography, geology, access and locations and the parcel's suitability for use for park or recreational purposes, as distinguished from inactive or primarily aesthetic open space; and

(E) That the facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the general plan, and are approved by the city council.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

(A) Procedure. The procedure for determining whether the subdivider is to dedicate land, pay a fee, or both shall be as follows:

(1) Subdivider. At the time a tentative parcel or subdivision map application is filed, the owner of the property shall designate property for park and recreational purposes on the map or submit a justification to pay an in-lieu parkland dedication fee.

(2) Action of Advisory Bodies. Among its recommendations to the city council on the tentative subdivision map, the planning commission shall recommend approval, disapproval or modification of the property owner's park dedication proposal.

(3) Action of City Council. At the time of the tentative subdivision map approval, the city council shall determine, as a part of such approval, whether to require parkland dedication within the subdivision, payment of an in-lieu parkland dedication fee, or a combination of both.

(4) Prerequisites for Approval of Final Map. Where parkland dedication is required, it shall be accomplished in accordance with the provisions of the subdivision map act and any additional requirements of the city. Where park in-lieu fees are required, the park in-lieu fees shall be deposited with the city prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final map and shall be recorded in conjunction with the final map.

(B) Determination. The city council shall accept parkland dedication payment of an in-lieu park dedication fee, or a combination of both in accordance with the following criteria:

(1) Recreation element of the city's general plan; and

(2) Topography, geology, access and location of land in the subdivision available for dedication; and

(3) Size and shape of the subdivision and land available for dedication. The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

At the time the tentative map is approved, the city

council shall designate the time when development of the park and recreational facilities shall be commenced. Park and recreational facility construction timing may be designated as a date certain or as conditional upon the occurrence of one or more events affecting such development such as the formation of an assessment district, the approval of a bond issue, the completion of a capital improvement program for other facilities in the area, or similar event.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

The land and fees received under this chapter shall be used

for the purpose of providing park and recreational facilities to serve residents of the city.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998

The requirements of this chapter shall apply to all lot

splits and other divisions of land into four or fewer lots or parcels which do not constitute a subdivision of land under the provisions of state law.

Ord. 2016-04 § 1, 2016

Ord. 98-10 § 1, 1998